The CS11 cycle route from Swiss Cottage to Regent’s Park has been sensationally blocked by a High Court judge in what seems set to be a landmark ruling.

Anti-CS11 campaigners Jessica Learmond-Criqui and Daniel Howard outside the Royal Courts of Justice last week. Picture: Polly Hancock
Sir Ross Cranston, presiding over the case, ruled Westminster City Council was right in its legal challenge heard last week at the same court, and that Transport for London’s current plans for the route are unlawful.

It effectively sends TfL back to the drawing board to come up with fuller traffic modelling, and the prospect of consulting over a new scheme. A consultation on the original programme found 60 per cent support across London – except in the areas that actually neighboured the route, where there was strong opposition.

TfL said this morning it was already considering appealing the decision.

The ruling follows a judicial review hearing on Thursday last week at which the transport authority argued it had the “whip hand” over councils on strategic planning matters, stemming from laws passed in 1999 to set up the body and the mayor of London’s office.

In his written ruling, Sir Ross said: “While ultimately the mayor in this case may have the whip hand in implementing his [transport] strategy [of which CS11 is part], at present he has not even taken up the reins.”

He added: “In the present case, there is no local plan in respect of the mayor’s transport strategy of March 2018 [and] no direction by the mayor […] requiring that Westminster prepare one.”

Westminster City Council and local campaigners had raised concerns about a lack of consultation by TfL, what they saw as poor traffic modelling, including vehicles that would be displaced into Hampstead’s residential streets, if the move went ahead.

Work had been due to start on July 30 but Westminster won an injunction to put it on hold until the judicial review could be heard.

The project, which would have seen the Swiss Cottage gyratory ripped up, would have coincided with work to redevelop 100 Avenue Road on the same spot. The route was initially supposed to run from Brent Cross to the West End before being scaled back to end at Swiss Cottage and Portland Place, Marylebone.

A TfL spokesperson said: “We are disappointed with today’s ruling, which focuses on procedure rather than the merits of the scheme.

“This junction in Swiss Cottage is one of London’s most dangerous. The scheme that was the subject of this ruling would help to protect all road users and particularly those walking and cycling, while significantly improving the area for residents, visitors and businesses.

“We will take the judge’s findings into account and are also urgently exploring all the options available to us to reduce danger around the Swiss Cottage gyratory, which includes considering appealing the decision.”

Campaigner Jessica Learmond-Criqui, who led neighbours’ opposition but withdrew her legal challenge when Westminster formally submitted its own, said today: “We now expect Camden Council to take on board the ruling of the court – namely, that TfL’s decision to proceed with Swiss Cottage alone, which they did not challenge, was unlawful. Camden must refrain from making any decision on its participation in CS11 until it has worked with residents openly and transparently to understand the impact of the scheme, couple with HS2, on borough roads and communities.

“This is not and never has been a challenge to the principle of cycleways or safe cycling. It was always a challenge to the unacceptable and high-handed manner in which TfL makes and implements its decisions. The High Court agreed with us.”